Prince vs Warner Brothers: Artist feud with Label

In today society different companies go through various contracts on a day to day basis; however, it is solely up to both companies or parties to ensure that the contract upon entering is in good standing and there after remains in good binding, As in the case of Prince Vs Warner Brothers. In the beginning it seems as though the contract was acceptable for both parties, however as the discrepancies unfold, it became clear that the contract was no longer valid. This created a huge problem for both parties. It has been observed that the dispute between Prince and Warner Brothers was about money and how often albums can be released. Prince felt that the record label had too much control over his creativity. According to BET, The contract between Warner Brothers and Prince stated that Prince would receive a 10 million dollar advance with each album, however Warner Brothers reserve the right to pick which albums were released and on what time frame (BET). According to Orwall (1995), â€Å"In a nutshell: Prince has been frustrated that the company won't release his records more regularly. He produces the equivalent of three or four albums a year; the record company would rather have just one and milk it† (orwall, 1995). As a method of retaliation, Prince took action by legally changing his name to the symbol 0{+;; as such, the legally given name prince remained under the control of Warner Brothers, therefore he was branded as the artist formally known as prince. After changing his name, the artist formally known as Prince released the most beautiful girl in the world on his own record label called NPG Records, therefore ignoring his contract with Warner Brothers. The feud continued as Prince publicly defied the contract between him and Warner Brothers. As a result Warner Brothers then took legal action by taking prince to court and forcing him to release the previously recorded black album. At that time Prince was obligated to do four more albums for Warner Brothers; Prince went into his catalog of unreleased music to complete the four albums he owed Warner Brothers. All his new material that he created after he changed his name, was under his NPG record label. While he carried out his remaining obligation to Warner Brothers, at every public appearance, Prince continued to retaliate by writing the word â€Å"slave† on his cheek (Orwall, 1995). For a period of time prince did not play his own music. Benny Medina, VP of A;R for Warner Brothers at the time, believed that this was apart of his protest against the record label. â€Å"Prince was a really unique person who was not going to be very productive if he was not in a healthy place with the people he had to deal with. We got it; if you want to go, go! Lets just figure it out†, said Benny Medina in a BET documentary video (BET). In 1997 Prince ended his contract with Warner Brothers. In that same year he released his last album with the Label entitled Emancipation. In the year 2000, after the publishing contract with Warner Brothers has ended he legally changed his name back to Prince (BET). Parties Interest It has always been a tradition for record labels to own the masters of the artist sign to the roster; after all, they are the ones spending millions of dollars to promote and market, as well as distribute the artist’s music. Evidently, Prince disagreed with this notion. Prince did not like the fact that the labels were able to decide when his album should be released, and which one of his albums they are going to release. He also did not like the fact that they owned all his masters. â€Å"He had made a deal with the label, and he had been compensated incredibly well with millions upon millions of dollars,† said Michael Austin, Sr. VP of A;R for Warner Brothers (BET). Prince also did not like the fact that he had to comply with the regulations of the contract he had signed with the record label. Position of Parties During the dispute between Warner Brothers, Prince won the support of his fans as well as other artists. He had several successful tours; the musicology tour is one of the most successful tours up to date. Clearly, Prince has become an icon and he was in a position where he did not need the record label to make money. He proved that he had the ability to sale records and the ability to promote tours without the help of Warner Brothers. Warner Brothers may have played apart in his success, but as Prince’s career blossomed, he realized that Warner Brothers were no longer necessary. So his actions were attempts to end the relationship between himself and Warner Brothers. What went well?  Fortunately for Prince, the label recognized his desire to end the contract and that he was no longer going to cooperate with the company until the term of the contract has expired. As a result, Warner Brothers executives felt that it was time to put an end to this on going feud. Prince was then free from all restraints of the record label. It was until the publishing contract between Prince and Warner Brothers ended, he started performing his old songs again. What went wrong? Unfortunately Warner Brothers and Prince could not renegotiate a contract that could have a mutual benefit outcome. Prince could not own any of his masters he created during his term with Warner Brothers. As reiterated prince wanted more control of his creativity but Warner Brothers refused to give him such leverage over his work; prince then retaliated. In conclusion, a contract is only valid when both parties agree. If both parties disagree, it not only creates a conflict but also a huge problem between the individuals involved; therefore, it should be in the interest of both individual to ensure that before they enter into the contract, they must discuss all the fine prints in order to reach an amicable and mutual benefit.References http://princetext.tripod.com/i_emancipation96.html http://princetext.tripod.com/n_1995.html

Directed Journaling Level 3

Guided Questions for Directed Journaling Level 3 (November 2012 Session) 1. To prepare graduates that conduct themselves in a professional manner by acting ethically, selfassessing, following codes of conduct and standards of practice with integrity. †¢ Review the responsibilities of the dental hygienist for reporting abuse under the Regulated Health Professions Act, as outlined in the CDHO Registrant’s Handbook and Professional Issues II (DH 202). Read the articles â€Å"Oral health professional alert: Elder abuse concern in the United States and Canada† and â€Å"Initiating discourse on recognizing and reporting child abuse†.Based on these articles, reflect on the following: – Describe your responsibility and obligation when you suspect abuse in Ontario. – Outline the consequences you could face if you neglected your duty. – Reflect your personal opinion about this responsibility and possible consequence. – Describe how you woul d handle a situation in the CADH clinic should you suspect abuse. Furnari, W. (2011). Oral health professional alert: Elder abuse concern in the United States and Canada. Can J Dent Hygiene 45 (2): 98-102. DeMattei, R. R. , Sherry, J. S. 2011). Initiating discourse on recognizing and reporting child abuse. Can J Dent Hygiene 45 (4): 253-258. 2. To prepare graduates that effectively communicate and collaborate with clients, substitute decision makers, communities and other professionals. †¢ Read the article â€Å"An Overview of health behavioural change theories and models: Interventions for the dental hygienist to improve client motivation and compliance†. Reflect on your communication with clients and discuss client belief/value modification using approaches identified in the article.Further, explain how you can overcome the challenge. Collins,S. M. An Overview of health behavioural change theories and models: Interventions for the dental hygienist to improve client mot ivation and compliance. Can J Dent Hygiene 45 (2): 109-115. 3. To prepare graduates who demonstrate critical thinking by determining credible information and integrating knowledge using an evidence-based approach to deliver the dental hygiene process of care. †¢ Read one of the articles listed below. Select one of these articles that pertain to a client you are currently treating.Based on the information in the article: – Highlight the significant findings within this article – Demonstrate how you have utilized the significant findings found in the chosen article within the dental hygiene process of care for your client DeAssis-Soares, M. R. F. (2011). Halitosis from tonsilloliths: Literature review for oral healthcare providers. Can J Dent Hygiene 45 (4): 223-228. An, S. L. , Ranson, C. (2011). Obstructive sleep apnea for the dental hygienist: Overview and parameters for interprofessional practice.Can J Dent Hygiene 45 (4): 238-252. 4. To prepare graduates that a dvocate for themselves, individuals, the community and the profession. †¢ Review â€Å"A Guide to†¦Choosing and Adapting Culturally and Linguistically Competent Health Promotion Materials† at the following link http://www11. georgetown. edu/research/gucchd/nccc/documents/Materials_Guide. pdf – How can you use this information to provide efforts of advocacy for the client to be able to meet the needs of clients of diverse cultures? – What type of advocacy can you engage in to assist the client? . To prepare graduates who are competent coordinators who model the mission, vision and priorities of the organization in the practice content by applying quality assurance standards and protocol to ensure a safe, productive and effective working environment and maintaining documentation and records consistent with professional practice standards. †¢ Assume that you have been given the responsibility of reviewing and updating the policies and protocols relat ed to safety in the CADH clinic.Review the articles outlined and answer the following: – Reflect on what this information means to the safety of clients, practitioners, and the public. – Identify where CADH’s policy are in compliance with the literature and where improvements are required. Leivers, M. , Kanji, N. N. , Hirji, S. K. , Hernandez, G. , Kaminska, B. D. , and do, H. L. T. (2012). Uniform contamination in the dental environment. Can J Dent Hygiene 46 (1): 50-56. 6. To prepare graduates who are competent clinical therapists who apply professional judgment consistent with standards of practice when safely delivering client specific dental hygiene process of are to individuals as independent practitioners or in partnership with other health care providers. †¢ Read one of the articles listed below. Select one of these articles that pertain to a client you are currently treating. Based on the information in the article: – Highlight the significa nt findings within this article – Demonstrate how you have utilized the significant findings found in the chosen article within the dental hygiene process of care for your client Pence, S. D. , Chambers, D. A. , van Tets, I.G. , Wolf, r. C. , and Pfeiffer, D. C. (2011). Repetitive coronal polishing yields minimal enamel loss. J of Dent Hygiene 85 (4): 348-357. Imai, P. H. , Hatzimanolakis, P. C. (2011). Interdental brush in type I embrasures: Examiner blinded randomized clinical trial of bleeding and plaque efficacy. Can J Dent Hygiene 45 (1): 25-32. 7. To prepare graduates as an oral health educator who uses theoretical frameworks and educational principles to assess, plan, deliver, evaluate and modify oral health behaviours. Read one of the articles listed below. Using the information from the article, reflect on how the information outlined in the article can impact your clinical practice as an oral health educator. Dempster, L. J. , Locker, D. , Winson, R. P. (2011). The dental fear and avoidance scale (DFAS): Validation and application. Can J Dent Hygiene 45 (3): 158-164. Waldron, S. K. (2011). Auditory sensory impairments and the impact on oral healthcare: A review of the literature. Can J Dent Hygiene 45 (3): 180-184.

Fresh Water Essay

1. Introduction Fresh water is an indispensable resource for human livelihood, agricultural irrigation and economic development (Brooks, 2007). However, due to the rapid population growth and the limited reserves, increasing regions have faced serious scarcity of fresh water (Williamson, 2010). Saudi Arabia is one of the driest countries in the world (CIA, 2011). According to World Bank (2011), the world average fresh water consumption is nearly 7000m ³/year/person, while the water resource per capita in Saudi Arabia is less than 1200m ³/year/person. In order to satisfy the demand for water, Saudi Arabia currently supplies fresh water via deep drilling of fossil groundwater (UNESCO, 2009). Nevertheless, society increasingly recognises that those water resources are non-renewable and are liable to be reduced by the overexploited boreholes and wells. Thus Saudi Arabia needs to find alternative and sustainable methods to solve these issues. Since there is abundant sea water around Saudi Arabia, large-scale desalination could be the ideal solution to water scarcity. However, the expensive cost and the detrimental influence on the environment might limit the scale and sustainability of this method. Due to the cheap cost and the minor environmental damage, wastewater reuse is regarded as another potential solution. However, it seems to have a low social acceptance. Therefore, this report will compare the feasibility of desalination and water reuse in terms of cost, social acceptance and environmental impacts, thereby exploring the most suitable method to deal with the scarcity of water in Saudi Arabia. 2. Background Saudi Arabia is located in the Middle East, bordering the Persian Gulf and the Red Sea (CIA, 2011). It is famous for the abundant reserves of oil and gas. However, the fresh water resources in Saudi Arabia are very limited. According to World Bank (2011), there is no one river and lake with perennial water throughout this country. Furthermore, due to the influence of the subtropical climate, the annual precipitation is only about 100 mm and the climate is hot and dry (ibid.). Additionally, rapid population growth has caused higher increase of demand for water (Abderrahman, 2000). Shortages of water have constrained the development of agriculture and economy (Williamson, 2010). Since the underground water is estimated to be able to supply for 320 years, the underground water is still the principal source of water at present (UNESCO, 2009: 100). However, with the increasing awareness of defects of this method, the focus of the future development of water provision has shifted to other sustainable water technologies. In order to deal with fresh water shortages, desalination has received enormous investments. According to Abu-Arabi (2007), in 2004 the number of desalination industries reached 30 and they can supply 1.1 billion cubic metres of fresh water per year. Wastewater reuse is regarded as another future means of water provision. According to Bashitialshaaer et al (2009), in 2009 there were 33 wastewater treatment plants with a capacity of 748 billion cubic metres per year. 3. Requirements Cost should be the principal consideration of water provision because an expensive cost might limit the scale of application of methods. This also includes the cost of energy consumption. Social acceptance plays a significant role in the development of water supply technologies. If the water cannot be accepted by society, it will lead to very little consumption. Environment has a profound influence on human beings. In order to prevent water supply technology undermining the environment, its impacts on the environment should be considered. 4. Presentation of options 4.1 Desalination Desalination is â€Å"a specific treatment process to take minerals from saline water to purify for drinking water and irrigation† (Al-Sahlawi, 1999). Sometimes this process is used to take salinity and other pollutants from wastewater. The general method of desalination is reverse osmosis or multi-stage flash distillation (Lone Star Chapter of the Sierra Club, 2008). 4.2 Water Reuse Water reuse means treating wastewater to a specific quality, and then using treated or reclaimed water from one application for another application (McKenzie, 2005; Asano, 2006). The resources for wastewater reuse are various; according to Asano (2006), they could be domestic wastewater, industrial sewage, municipal sewage or agricultural wastewater. 5. Comparison of Options 5.1 Cost Although the cost of desalination has decreased dramatically in the past three decades, it is still expensive to use in large scale. Alghariani (2003) points out that the expenditure of desalination consists of initial investment for equipment, running costs (including staff and maintenance), as well as chemicals or specialised parts. At present, according to the Third World Water Assessment Report (UNESCO, 2009: 155), the average cost of desalination is between $0.60/m ³ and $0.80/m ³. Moreover, Owens and Brunsdale (2000, cited in Alghariani, 2003: 5) claim that the cost of desalination in Florida can even be less than $0.55/m ³, which is one-tenth of the cost price in 1979. However, as Wright (2009) points out, this cost is still higher than other water supply technologies. Apart from expenditure, desalination is generally considered a high-cost process due to the enormous energy consumption (Abu-Arabi, 2007). Nevertheless, this does not seem to be a problem for Saudi Arabia. According to the CIA (2010), the proven oil and gas reserves in Saudi Arabia are respectively the first and fifth in the world. As Abu-Arabi (2007) points out, in Saudi Arabia the annual solar energy received by each square kilometre of land is equivalent to 1.5 million barrels of crude oil. Abundant energy may lead to a low price. Nevertheless, oil is non-renewable and oil reserves are estimated to last less than one century (World Energy Council, 2010), so the consumption of energy should be taken into account as a considerable cost. Moreover, the treatment of the waste gas generated by desalination also increases the cost (Al-Sahlawi, 1999). The cost of water reuse is influenced by various factors such as treatment level, intended reuse options, location of treatment, wastewater collection and transportation. According to Qadir et al (2009), the average cost of recycling water is approximately $1.79 per cubic metre. However, compared to desalination, wastewater reuse has the advantage of cost. Fryer (2010) demonstrates that the relative marginal cost of seawater desalination is higher than water recycling, and amounts to up to $2000 per acre-foot. The water recycling represented a general fluctuation pattern between approximately $300 and $1000 per acre-foot (Fryer, 2010). Even so, water recycling appears cheaper than desalination. 5.2 Social acceptance While both options can generate safe water, desalination seems to have higher social acceptance. Sloane (2009) investigated the acceptance of desalination and water reuse at Nourieh Palms. As shown in Table 2, in all areas but particularly drinking water, the approval rate for desalination is higher than water reuse. This reflects that more people trust the quality of water which is generated by desalination. Source: Sloane (2009: 128) For most uses, reclaimed water tends to have lower social acceptance than desalination. There are various reasons why people do not trust reclaimed water. First, most people do not understand the difference between treated and untreated water (McKenzie, 2005). Secondly, they are often concerned about the type of wastewater, treatment levels and the availability of information (Qadir, 2009). There are particular concerns with the wastewater produced by the petroleum industry, brought to the surface when drilling oil. This kind of wastewater is difficult to treat due to the high content of oil (Asatekin and Mayes, 2009). Therefore, though reclaimed water undergoes a very thorough treatment process which makes it entirely safe to drink, the public are reluctant to drink treated sewage. However, it is not impossible that people will accept drinking such treated sewage. For example, Singapore has successfully used reclaimed water, a product named NEWater, to supply drinking water (Tortajada, 2006). This reflects that treated wastewater could become widely accepted through public education. 5.3 Influence on environment There are some environmental disadvantages of desalination. Since Saudi Arabia is rich in oil and gas, clean energy such as solar energy tends to be used less than fossil energy (Al-Sahlawi, 1999). The overuse of fossil energy may cause serious environmental pollution. For instance, oil might generate large quantities of carbon dioxide, which is the main factor leading to global warming (Al-Aza, 2005). Furthermore, the gas emissions from oil could undermine the ozone layer and cause acid rain (ibid.). In addition to environmental pollution caused by fossil energy, brine discharge is another serious problem. After desalination, the brines generally have a higher concentration of salt, nearly twice that of natural seawater (Tsiourtis, 2002). The brines are generally discharged back to the same place where the seawater comes from. This might lead to increased concentration of salt in the sea, which is a potential threat to aquatics. In contrast with the desalination, wastewater reuse is regarded as an eco-friendly way to supply fresh water. Recycling water can maximise the use of rainfall and other current water resources so that the limited underground water resources can be conserved (Miller, 2005). In the meantime, decreased energy consumption could reduce the pollution caused by the use of fossil energy (Ghermandi et al, 2007). Therefore, recycled water is a sustainable and eco-friendly method to supply good quality fresh water. 6. Conclusion From the information given above, the following conclusions can be drawn: 1) Both desalination and wastewater reuse are feasible water supply technologies. 2) The cost of desalination has decreased dramatically, but is still far more than water reuse. Desalination requires more capital and energy. 3) Reclaimed water has low public acceptance, especially for drinking water. 4) Desalination could undermine the environment, while water reuse is eco-friendly. 7. Recommendation Considering the cost and the impact on the environment, wastewater reuse is recommended to be used as the main water supply technology. Although the public acceptance of recycled water is lower than desalination, the example of Singapore has proven that reclaimed water could be accepted in daily life. Desalination is a costly water supply technology. Furthermore, it needs a vast amount of energy. Even if Saudi Arabia has abundant oil and gas reserves, as these resources are non-renewable, desalination is not suitable for sustainable water supply. Additionally, it has detrimental influences upon the environment. Therefore, Saudi Arabia should improve the ratio of wastewater reuse in the whole fresh water supply system. 8. References Abderrahman, W. (2000). Urban Water Management in Developing Arid Countries. Water Resources Development 16 (1) pp7-20. Abu-Arabi, M. (2007). Status and Prospects for Solar Desalination in the Mena Region. In Rizzuti, L., Ettouney, H., and Cipollina, A. (eds.) Solar Desalination for the 21st Century: A Review of Modern Technologies and Researches on Desalination Coupled to Renewable Energies (pp163-178). Dordrecht: Springer. Al-Aza, M. (2005). Oil Pollution and Its Environmental Impact in the Arabian Gulf Region. Boston: Elsevier. Alghariani, S. (2003). Water Transfer Versus Desalination in North Africa: Sustainability and Cost Comparison. London: School of Oriental and African Studies. Al-Sahlawi, M. (1999). Seawater Desalination in Saudi Arabia: Economic Review and Demand Projections. Desalination (123) pp143-147. Asano, T. (2006). Water Reuse: Issues, Technologies and Applications. New York: McGraw Hill. Asatekin, A. And Mayes, A. (2009). Oil Industry Wastewater Treatment with Fouling Resistant Membranes Containing Amphiphilic Comb Copolymers. Evrion. Sci. Technol. 43 (12) pp. 4487-4492. Bashitialshaaer, R., Persson, K., and Larsson, M. (2009). Estimated Future Production of Desalinated Seawater in the MENA Countries and Consequences for the Recipients. Dubai: IDA World Congress. Brooks, D. (2007). Fresh Water in the Middle East and North Africa. In Lipchin, C., Pallant, E., Saranga, D. And Amster, A. (eds.) Water Resources Management and Security in the Middle East (pp. 33-64). Dordrecht: Springer. CIA (2011). Saudi Arabia. Retrieved 5 April 2011 from https://www.cia.gov/library/publications/the-world-factbook/geos/sa.html Fryer J. (2010). An Investigation of the Marginal Cost of Seawater Desalination in California. Retrieved 5 April 2011 from http://r4rd.org/wp-content/uploads/2009/07/Cost_of_Seawater_Desalination__Final_3-18-09.pdf Ghermandi, A., Bixio, D. And Thoeye, C. (2007). The Role of Free Water Constructed Wetlands As Polishing Step in Municipal Wastewater Reclamation and Reuse. Science of the Total Environment. 380 (1-3) pp. 247-258. Lone Star Chapter of the Sierra Club (2008). Desalination: Is It Worth the Salt?. Retrieved 5 April 2011 from http://texas.sierraclub.org/press/Desalination.pdf McKenzie, C. (2005). Wastewater Reuse Conserves Water and Protects Waterways. On Tap Winter 44 (4) pp46-51. Miller, G. (2005). Integrated Concepts in Water Reuse: Managing Global Water Needs. Desalination 187 (1-3) pp. 65-75. Tsiourtis, N. (2002). Desalination and the Environment. Desalination. 141 (3) pp. 223-236. UNESCO (2009). The United Nations World Water Development Report, 3: Water in a Changing World. Paris and London: Earthscan. Qadir, M., Bahri, A., Sato, T., and Al-Karadsheh, E. (2009). Wastewater Production, Treatment and Irrigation in the Middle East and North Africa. Biomedical and Life Science 24 (1-2) pp37-51. Sloane, T. (2009). Water Provision: A Comparative Analysis. London: Sage. Tortajada, C. (2006). Water Management in Singapore. International Journal of Water Resources Development (22) pp. 227-240. Williamson, F. (2010). Water Management: Traditional and Alternative Approaches. International Resource Management. 15(2) pp. 227-231. World Bank (2011). Saudi Arabia. Retrieved 5 April 2011 from http://data.worldbank.org/country/saudi-arabia World Energy Council (2010). Issues. Retrieved 5 April 2011 from http://worldenergy.org/Issues Wright, G. (2009). The Economic Feasibility of Desalination for Water Supply to Arid Regions. Global Water Issues 13 (2) pp202-206.

Service Dominant Logic and Future Marketing Essay

Service Dominant Logic and Future Marketing - Essay Example The service-dominant logic of marketing Service-dominant logic is a highly successful marketing approach that elucidates that the traditional products-oriented approach for marketing needs to be replaced by a service-dominant one. At the very heart of service-dominant logic is the concept that the customer doesn’t want or expect a product, but the service that the product offers to him. It has emerged to be a new paradigm shift in marketing approach as it emphasizes the necessity to interact with customers to provide the service and also that customer is not the ‘consumer of value’ but a ‘co-creator of values’ (Ardagna, Mecella and Yang, 2009, p. 654). The major difference between the two approaches is that the traditional approach gives greater emphasis on tangible resources whereas service-dominant logic gives emphasis on intangible resources. Ballantyne and Varey (2008) found that customers appraised the value of goods they purchase in use. While c ustomers buy certain products, the exchange value determination is provisional upon later experience of customers about the goods. Customers determine the value in terms of how and what they value-in-use of the goods. According to the traditional product-oriented marketing approach, marketers offer products in different size, volume, features, configuration, benefits etc and that the customers appraise the value of goods purely in terms of goods in these different attributes. Vargo and Lusch (2004) stressed that goods are service appliances because customers find values when goods are in-use and therefore service is the dominant logic for marketing. The logic behind service-dominant logic of marketin

The development of Art Deco Essay Example | Topics and Well Written Essays - 1000 words

The development of Art Deco - Essay Example According to a website, Oaktown Art, â€Å"Art Deco was an international design movement popular in the 1920†²s and 30†²s, focused on themes of luxury, technology, modernization, and craftsmanship† . Art deco can be termed as an art movement that originated from Paris and within a span of very short time, it spread to both European and American regions. Art deco was basically an outcome of the earlier Art Nouveau movement . That movement was facing popularity decline by the end of the nineteenth century and some new modifications appeared necessary to keep art growing and flourishing. That was the reason why artists felt the need of adding some new themes to existing art. The modifications gained a level of acceptance and fame and within no time, art deco became one of the main trends related to the world of art. Art deco is similar to its previous form, Art Nouveau, in a sense that it also focuses on the significance of artisan craftsmanship. Art deco kept the same theme of Art Nouveau featuring curves, arcs, and natural motifs of flora and fauna . Although Art Deco has many features similar to Art Nouveau, but it is known as a modern form of art blended with the use of attractive colors schemes and sharps lines and edges. French artists are considered as the founders of Art Deco because they were the ones who started giving a new shape and look to exiting objects. The aim was to renovate the existing objects and make them, more attractive and appealing as compared to before. French artists are also known.

Overcoming Barriers to Credit Availability for SMEs Dissertation

Overcoming Barriers to Credit Availability for SMEs - Dissertation Example Introduction and Relation to Previous Research Availability of finance for small and medium enterprises (SMEs) has been a topic of research among academicians since it impacts the economy of a nation (Beck and Demirguc-Kunt,2006; OECD,2004). One of the perennial problems faced by SMEs is the access to capital (Scholz,2007).There has been extensive research on why SMEs find it difficult to obtain funding, why transparent SMEs stand better chance of finance availability than opaque SMEs, how financing differs from traditional SMEs to innovative SMEs and what SMEs can do to improve their chances of obtaining finances, given that they function in a regulated environment. This topic is of interest since access to financing has been identified in many business surveys as one of the most significant obstacles to the survival and growth of SMEs (OECD,2004).It will be of value to understand what are the barriers that exist in financing of SMEs and what can be done both by financial Institutions and SMEs to overcome the same. Barriers to SME Financing According to OECD (2006) reasons identified for SMEs inability to procure finances especially in comparison with larger firms usually include: ï‚ § Incomplete range of financial products and services ï‚ § Regulatory rigidities or gaps in the legal framework ï‚ § Lack of information on both the bank’s and the SME’s side. Banks may avoid providing financing to certain types of SMEs, in particular, start ups and very young firms that typically lack sufficient collateral.

International Finance - financial stability Essay

International Finance - financial stability - Essay Example According to the Deardoff's Glossary of International economics, "International finance is the monetary side of international economics, in contrast to the real side, or real trade. Often called also international monetary economics or international macroeconomics, each term has a slightly different meaning, and none seems entirely right for the entire field. "International finance" is best for the study of international financial markets including exchange rates. To explain international economics, it is the interaction among countries with respect to financial transactions, trade relationships, organizations and policies that govern them. The handbook written by Hal S. Scot named "An overview of International finance Law and Regulation" states "For economists international finance has traditionally meant the study of exchange rates but or policy makers and lawyers it meant much more. Generally, it involves the study of financial transactions, transaction that have some cross-border element with respect to payment, credit or investment, or a financial contract." History of International Finance: In order to understand the history of 'International finance, we have to know the emergence of large scale money lending, stock markets, the credit and debt of countries across the globe. International markets and money lending traces back to the medieval Europe in the twelfth century. Stock markets rose simultaneously in Sweden and London and the London stock exchange was formally inaugurated in 1801. In 1946, the Bretton woods system the gold standard and set limits on foreign exchange However; it collapsed in 1971 when the USA discarded this standard. International finance came into prominence only after a proper gold standard and aggregation of exchange rates among countries was established. Moreover, it played a vast role in the determination of trade relationship between countries. So what is International finance Is it a regulatory body or an inter-governmental organization No, it is the combined activity of all the bodies, which regulate trade and foreign exchange, and the relation of borrowing and lending of capital between countries. Organizations in International finance: Let us look at some of the organizations that play a key role in International finance Below is a table which lists clearly all global organizations that stand as pillars to International trade and finance:- Organization name Location of headquarters Year created Description World Bank Washington DC, USA 1945 Made up of two institutions focused on development: the International Bank for Reconstruction, Development, and the International Development Association. The bank provides loans and grants to developing countries to assist their economic development. International Monetary Fund (IMF) Washington DC, USA 1945 Exists to promote stability in the world's economy, particularly the avoidance of monetary crises and the maintenance of a system of currency exchange. Bank for International Settlements (BIS) Basel, Switzerland 1930 Seeks to ensure consistency, co-operation and co-ordination of reserves by member countries (mainly European, and North/South American states). Group of Eight (G8) No HQ - group consists of the member states only 1998 (predecessors G6 and G7 began earlier) Collaboration between governments of USA, France, UK, Germany, Italy,

The Effects of Autism on a Familys Social Participation From a Fathers Essay

The Effects of Autism on a Familys Social Participation From a Fathers Perspective - Essay Example In this study, the researcher conducted a qualitative investigation regarding the impact that autism has on a family's social participation from the father's perspective. The researcher will explain how using the Person-Environment-Occupation model may both increase levels of social participation and increase the overall wellbeing and mental health of family's of autistic children. The nature of Autism, a complex developmental disorder, remains largely elusive up to the present time. However, there have been myriad advances and discoveries regarding this condition (Rutter, 1999). Compared to other developmental disorders, Autism is being diagnosed at a rapid rate with an annual growth rate between 10 and 17% (Autism Society of America, 2007). This disorder has a prevalence rate in one out of every 150 births and affects approximately 1.5 million Americans (Autism Society of America, 2007). There is both a desire to treat the devastating effects of this disorder and a fascination to understand the nature of social interaction of patients with this condition. Large proportions of autistic patients exhibit differences in sensory processing and motor performance that may affect social participation and day-to-day functioning (Chawarska, Klin, Volkmar, & Powers, 2008, 104). In their research, Domingue, Cutler, & McTarnaghan (2000) found that family members that care for autistic children have been shown to have greater difficulty in developing and sustaining vital social connections both at work and at home. Social activities such as dinners, weekend outings, and vacations are greatly reduced and marital difficulties often arise from the difficulty of effectively supporting their autistic child (Fisman, Wolf, & Noh, 1989). In their 2005 study, Rodrigue, Morgan, and Geffken pointed out that fathers have been largely neglected in previous research of families with autistic children. They found that fathers of children with autism reported frequent use of both wish-fulfilling fantasy and information seeking as coping strategies. In addition to this, fathers with autistic children reported a greater financial impact and disruption of family activities when compared to fathers that did not have children with this disorder (Rodrigue, Morgan, and Geffken, 2005). While the researchers found that fathers adapt reasonably well to the needs of their autistic children, they also noted that autism had a significant impact on the family's social participation from the father's perspective (Rodrigue, Morgan, and Geffken, 2005). Cost of Care Numerous costs are involved in the treatment and care of autistic patients. When calculating the price of treatment, it is necessary to include direct medical, direct non-medical, and lost productivity costs. A complete treatment plan for an individual with autism may cost the public $3.2 million over the patient's lifetime (Moldin & Rubenstein, 2006, p. 476). In addition to this, the combined societal cost to treat all individuals with autism may amount to $35 billion over the pa

Reporting Results Essay Example | Topics and Well Written Essays - 250 words - 2

Reporting Results - Essay Example This unique feature applicable to not-for-profit organizations have made the accounting industry defined them differently. A basic concept in the non-profit organizations is the net asset. This is asset with fewer liabilities. Such assets are also called funds. Instead of showing retained earnings or owners equity, the non-profit financial statements show net assets (Finkler, 2010). The source of their money is not through the sale of goods and service but through voluntary contributions from the public. They however provide welfare services that are not in anyway motivated by profit making. Their definition is, therefore, not similar to for profit organizations. They are exempted from tax paying mainly because they are of bigger benefit to the public but to another extend will limit the revenue that the council will be collecting especially if they expand acquiring properties that previously pay tax to the council. There have been rules set by GAAP that have enabled uniformity in the not-for profit organization in their reporting. Though there is still little difference in their reporting there is a much bigger consistency in their reporting. Some of these organizations are charity and service organization. They are organized as a not-for-profit corporation, a cooperative, or they exist informally. Others operate like a foundation, but they are more complex in its administration they hold more favorable tax and are restricted in the public charities they

Defense strategies against hostile takeovers Thesis

Defense strategies against hostile takeovers - Thesis Example Dismissal of the existing employees would mean that the acquiring company will have to pay hefty benefits as send-off packages to the dismissed employees (Harris, 1990). This makes acquisition expensive for potential acquirers, making them to think twice about their acquisition intentions. The Golden Parachute is effective to the extent that it benefits stakeholders and enables a company to prevent any hostile takeover (Harris, 1990). Golden Parachutes make it easier for stockholders to hire and retain managers in industries that are prone to mergers and acquisition. The defense mechanism also helps the executive to remain objective about the company during a takeover process. Furthermore, it increases the cost of a takeover; hence discouraging bidders from acquiring the target company. This is because Golden Parachutes make it prohibitively expensive for potential acquirers to acquire a target company if they want to dismiss the managers of the target company. Dismissing managers in a company with Golden Parachutes comes with a high price. Golden Parachutes were applied at Fortune 1000 companies from 35% in 1987 to 81% in 2001. Citigroup Inc. applied Golden Parachute when they offered John Reed $30 million as severance pay and $5 annually for life. A company seeking to acquire another company may try to get representations in the board of the targeted company so that the acquirer can have voting power and influence other board members to accept the bid or persuade shareholders to accept the takeover. This type of defense against takeovers requires the approval of shareholders in a shareholders’ meeting in order to be created. Members of the board are chosen with the support of shareholders. In order to be a member of staggered board, the acquirer needs to purchase shares to vote in order to enable a single shareholder to sit with members of the targeted company’s board (Bebchuk et al, 2002). Staggered board makes the process

Globalization and Culture Global Mlange Essay Example | Topics and Well Written Essays - 500 words

Globalization and Culture Global Mlange - Essay Example He explores the culture thoroughly as the geological barriers have been removed by the technology and migration of people today. He started off with the definition of globalization which may differ from the common meaning of it. Other people consider globalization to be a single perspective only wherein the main focus is on the business side or the expansion of the corporate world. In reality, globalization is a multidimensional process wherein culture, politics, economics and social dynamics are all factors that shape the face of globalization. They may all differ from one another and can be very distinct, but they all mingle and affect globalization (Pieterse 14). The changes then bring about the huge impact on the culture of people around the world. Pieterse particularly focused on culture as it contains the values, beliefs, and norms of people that affect the social dynamics. He then attacks the current cultural change with a concept of mà ©lange as he distinguished it from the common perspectives of multicultural existence like homogenization and clash of the civilizations. Homogenization, as the word implies, pertains to the oneness or uniformity in any particular thing which means cultural homogenization is the presence of uniform culture. It is attributed to the advancement of businesses around the world. Some people pointed out that corporations and businesses like the franchise fast food chains together with capitalism drive the world into a cultural homogenization. They also call it Mc Donaldization as named after the largest fast food chain in the world (Pieterse 51-55). Perhaps it is maybe the cause of the homogenization as the brands and endorsements of big businesses affect the lifestyle, norms, values, and beliefs of people. The cultural change then follows as the businesses expand.

The Crucible by Arthur Miller Essay Example for Free

The Crucible by Arthur Miller Essay In the past, present, and undoubtedly in the future, deceptive individuals take advantage of the anxieties and fears of society. When a societys insecurities are exposed and raw, a disconcerted mood spreads throughout the people. This contagion can engulf an entire population and become like a living entity, causing people to act rashly and hypocritically. Whether or not the fear is justified, a convincing individual can exploit a certain mentality called mob psychology. Mob psychology involves manipulating the hysteria of a crowd to fulfill ones desires. In Arthur Millers The Crucible, Abigail Williams and other characters spread a fear of witches in the Puritan town of Salem. The fear that they spread ends up permeating their community and dominating the lives of everyone in the town. The psychological phenomenon known as mass hysteria has an important effect on the events in The Crucible. The Crucible contains many important events that precede the madness that ensues by the end of the play. Abigail Williams, for instance, has a love affair with John Proctor, and wants Proctor to leave his wife Elizabeth for her. Another character with a hidden agenda is Mr. Thomas Putnam, who hopes to take over some of his neighbors land. To amplify the situation, a group of girls are questioned by ministers for performing witch-like rituals in the forest. A Puritan belief of the 17th century is that the devil and other demons live in the forest, and that witchcraft is performed there as well. Dissembling citizens begin to accuse others of witchcraft, with a very selfish motive. As John Proctor describes the  hysteria that ensues,vengeance is walking Salem (1079). The vengeance that Proctor is talking about is the motive for all the accusers. The accusers are able to get away with injustices in the court because the townspeople are extremely afraid of witchcraft, and thus are eager to annihilate any signs of it. The mass hysteria also has an incredible effect later in the play, when the witchcraft trials take place. Many people are being convicted with very  insubstantial testimony, and with no tangible evidence at all. This is because the people of the town have been surrounded by the witchcraft frenzy so much, that they ignore their conscience. They become infatuated with the existence of witches, and seek to eradicate them. Since the people of Salem are very vulnerable, It is not hard to see how many could have been led to believe that the time of confusion had been brought upon them by deep and darkling forces (1036). The Puritans believe that all evil and disorder is linked to the Devil. At the trial, even people as wise as Reverend Hale are confused as to what is the truth and what is false. This is an example of illusion vs. reality, because so many people are crying witch, that it becomes impossible to discern the people that have selfish intent from those that actually believe in witchcraft. The mass hysteria causes the citizens to assume the defendants are guilty before they are officially tried. Though the hysteria in the Salem witch trials takes place in 17th century Massachusetts, a more modern version of this psychological phenomenon takes place during the 1950s. The hearings of Senator Joe McCarthy also utilize mob psychology for the benefit of an individual. McCarthy uses the fear of an attack by the Communist Soviet Union to build up hype in order to develop his political career. This fear that, in America,  any man who is reactionary in his views is open to the charge of alliance with the Red hell (1052), is an example of the fears people have of Communist infiltration. The Red hell  mentioned by the narrator is the Communist Party, and during the 1950s, one would be tried for treason if he or she is accused of being affiliated with this unfavorable party. The reaction of the people to this hype is just as McCarthy expects. The people become frightened and the truth becomes hazy. As a mechanism of defense, people begin to scapegoat each other. When high officials are eventually accused, the entire idea is dropped, and the emotions return back to normal. This is a parallel to the part Rebecca Nurse has in The Crucible. She is a highly respected community figure, and when she is accused of witchcraft, people begin to reevaluate the validity of the claims. In other great literary works, the theme of mass hysteria is present to show the hypocritical side of society or in portraying effective ways of persuading a crowd. One such instance of persuasion is in William Shakespeares, Julius Caesar. The character Mark Antony speaks to the mourners at Caesars funeral, which are completely against him, and he turns the crowd entirely in his favor. Mark Antony uses verbal tools such as sarcasm and repetition to turn the crowd in his favor, so that he might have people help him retaliate against Caesars murderers. The phenomenon of mass hysteria strongly influences the events in literature, and parallels can be drawn between those events and modern events. The Crucible is a powerful example of mass hysteria invading a population like a rampant virus consuming its host.

Intellectual Property Rights And The Fashion Industry Cultural Studies Essay

Intellectual Property Rights And The Fashion Industry Cultural Studies Essay With a gross annual turnover of $750 billion per year the fashion industry is at the forefront of the worlds economy. Unlike most other goods, people demand fashion not for the added value or feature that a new item brings but for its own sake. People (mostly females) of all ages pour over magazines showing the latest celebrity fashions and then go out to retail fashion shows or browse online in search of something similar. This demand for the latest style of the rich and famous has transpired into a business network with an influence across the globe. This global business has brought with it many legal issues. Particularly important is the copying of the celebrity fashion that the masses seem to want. This essay will be broken into three parts. The first part will examine the current state of the law both in Australia and other jurisdictions. The second part will ask how the law can be changed in Australia to give greater protection to the fashion industry and the third part will lo ok at whether or not this change is necessary for the industry to grow. I will argue that the law needs to be reformed in such a way that copying is prohibited but flocking (following celebrity styles) isnt. IP law the reasons for its existence. The standard argument for the existence of intellectual property rights is that without them copyists will free ride on the creative efforts of others. Since most creative efforts are sold for economic gain absent any intellectual property rights the creators will see no incentive in creating when others can copy their designs and profit from it. The market for books, movies and music is protected from industrial copying in Australia by the Copyright Act. This act prevents the mass scale production of these creative works without licence or prior approval (with certain exceptions). This protection, gives the industry the comfort of knowing that its protected from the free-riding act of copyists. Albeit a creative work, the fashion industry remains vastly unprotected in many parts of the world. In Australia the Designs act of 2003 (which replaced the designs act of 1906) is the primary form of protection of designs for the industry. It is helpful to note at this point that the sketche s of designs are protected by the Copyright Act. Similarly, a new invention in clothing for example a new material that can keep one warm in winter and cold in summer would be protected by the Patents Act. This essay however is not concerned with those acts and their advantages or limitations. This essay is concerned with the protection of designs designs, researched and manufactured by the big designer houses and then copied by the high street for the masses. In a bid to regulate themselves from copying because of the absence of any laws to protect them the Fashion Originators Guild of America started self regulating the industry as early as the 1930s. Their method of regulation was to have designs registered with the Guild and any other firm copying these designs d be boycotted by members of the guild. The guilds activities were ruled as a violation of U.S. antitrust laws by virtue of a decision of the U.S. Supreme court in 1941. What concern us though are not the contents of that case, but rather whether the Guilds efforts in protecting intellectual property caused an increase in innovation and more frequent designs. Randal Picker suggests that the guilds efforts go to show that there was a need by the high end designers for this type of protection. He goes on to argue that the very theory of fashion means that the high end designers would only thrive in a market which was heavily regulated. This is because they market goods to a niche of customers who want to have what no one else has. These designers offer their customers unique one of a kind products and their customers purchase these because of the snob appeal these customers want only what others dont have. If there is no protection for their designs these designs would be copied by the high street stores and then the snob appeal of these goods will be lost. This means that these customers will not be willing to pay such high prices for these goods as they do not see a differential value in them. Although this copying has been around for almost a century and a half the problem is worsening due to improvements in information technology. The internet provides simultaneous access to fashions worldwide especially the European fashion weeks where big designers usually display their stuff and these are copied almost immediately. The poor quality of these copies means that some of these producers can get the products out to the market faster than the original desig ners. This means that once the designers products hit the market they have already lost their unique appeal. Further, since this fast fashion run-offs have become more highly sophisticated; the copyists can wait to even see which of the products seem to sell the most before they decide what to produce and they can then produce these trend setting items without having to take on the risk that their investment might not pay off. The basic theory of intellectual property would find this appalling. The big design houses spend millions of dollars on salaries for designers, researching market trends and organising expensive processes and fashion shows. Copyists however free ride on this work and produce cheaper substitutes. According to the traditional theory of IP this should lead to an economic disincentive on the part of the big fashion houses causing them to research and produce less. However the converse is true. We see that the bigger fashion houses continue to produce new creations every single year and the glamour of their products only increase. In order to understand why the standard disincentive is not in place we will need to look at the theory of fashion. The Theory of fashion Fashion theory dates back several hundred years. The Haute Couture stores of France were the powerhouses of fashion. No sooner was an item launched was it copied in America and sold to a larger market for much cheaper. It is important to make the distinction between close copying on the one hand (making replicas) and participating in trends on the other. Fashion changes often with some styles emerging as trends only to be soon replaced by other styles rising quickly to take its place. The demand for fashion is not merely a physical need although some people will wish to buy a new coast when their old one tears or a new cardigan because their old one looks worn. Fashion is more accurately a cultural expression. According to the fashion theory the theory of the leisure class fashion is usually adopted by elites with the purpose of being different from the masses. The masses then admire and demands goods that will emulate the elites. Consequently the elites abandon the older fashion, which has now been copied by the masses in favour of newer items that will distinguish them from the masses. This first theory of fashion suggests that fashion is driven by a an aspiration of social mobility on one hand (the masses trying to emulate the elite) and social stratification on the other (the elite trying to distinguish themselves from the masses) The other major theory is that of collective selection whereby fashion evolves through the collective process where many people, through their individual choices come to form the collective trend in society. The process of trend formation begins vaguely with a few people buying something of a unique design in the emulation of a celebrity and others copying it until a trend is formed. This theory is not purely about copying the elite, rather it is people following fashion because they desire to be in fashion and associate themselves with the latest styles and trends. This theory also called the Zeitgeist theory works through a matter of individual choice and collective social tastes. Whatever the theory prevalent in society one thing is certain and that is that the masses cannot afford the styles of the elite. Very few people in our society can afford t shirts from Armani and jackets from Polo Ralph Lauren. These large fashion house brands retail items at several hundred dollars apiece making it unaffordable to the masses. Fast fashion copying is the solution. The fast fashion outlets like Zara and Forever 21 provide these trend setting items at a fraction of the cost of the designer houses. One must not be mistaken here that they make exact copies of these items, because they dont. Rather their in house designers make inspirational pieces following the same trend but different. The items are visually similar to the ones of the high fashion houses and this is what many times has come before the courts under the Designs Act 2003 (Australia). Many of these fast fashion firms have shops on large high streets and have built themselves into a business empire. State of the law in Australia In Australia until the 17th June 2004 designs were protected by the Designs Act of 1906. According to the older legislation in order to register the design the design had to be: Features of shape, configuration, pattern or ornamentation applicable to an article, being features that, in the finished article, can be judged by the eye, but does not include a method or principle of construction This legislation did not strike a balance between what are considered ideal objectives of design legislation; to protect designs form free riding competitors but yet at the same time not stifle competition too much because innovation is usually a development on a previous design. The older legislation was also impractical for the fashion industry because of the nature of the law itself. According to the old law the applicant had to file a separate design registration for each variation to the similar product. This is impractical as many items of fashion come in different colours and sizes. Further the design application needed to be examined by the designs office before registration was granted. This meant that designs had to be submitted before they could be registered. This too was impractical to the fashion industry for a number of reasons. Firstly, by the time the process of submitting the design and registration was complete the item would already have gone out of fashion given the relatively fast lifecycle of fast fashion. Further submitting the designs would mean the designs would have to be completed earlier. Usually designers work on their designs until the last minute before the official launch working on extras until hours before the design goes public. The old designs regulation was clearly impractical for fashion and the replacement legislation in the form of the Designs Act of 2003 hoped to iron out some of the problems. Under this act the fashion industry benefitted heavily as protection was obtainable for more than one design (colour or size) of the same product. . However the official government fees for this is a drawback to the registration of more than one design of the same product. Under the new act the fees for the first design is $200 and for every variation of that design a further $200. This heavy cost especially for the mid budget fashion houses is disadvantageous. Further the new legislation permits the design to be registered even before a full examination of the product is undertaken. This gives time for the producers to tweak the designs even until the last minute before they are released. However, the examination whilst not compulsory needs to take place before the owner can take action against anyone who infringes on this design. Getting this inspection carried out is costly, costing $360 per variation of a design, and requires a lot of paper work; in the form of photographs and a Statement of Newness and Distinctiveness explaining how this design is new and distinctive from any others on the market (without which the registrar might not be satisfied that the product is new and distinctive). The courts have taken an interesting approach to the question of designs in the fashion industry. The first decision to be handed down after the enactment of the Designs Act 2003 was the Federal Court of Australias decision in Review v Innovative Lifestyle Investments Pty Ltd and concerned a dress produced by Review and registered of which Innovative Lifestyle Investments produced an identical design. Justice Jessup found that the striking visual similarity between the designs and the time period in which they were produced (the ILI dress coming out only a few months after Reviews) was an indication that the registered design was breached. However, calculating damages was difficult because Review did not wish to submit its sales figures to the court. Thus Justice Jessup awarded Review $7500 in damages due to minor loss of reputation as not being a brand of originality and another $10,000 for ILI continuing the sale of the dresses after finding out about Reviews registration. ILI plan s on appealing the decision so it will be interesting to see what decision the appellate court hands down. This case shows that whilst there is sufficient legal protection in Australia for the protection of designs there are several limits to the protection. One such limitation is time. It took about seven months for the Review design to be registered. Items which are not timeless items like Reviews dress would have the long passed their fashion expiry before the registration of these items were completed. Since action cannot be taken until registration is completed this would mean that many designers would potentially not be willing to take action as the product would no longer be an item in stock. Further the need by the judges to assess the loss in sales would require firms to furnish in court their sales and projected sales figures. This might be highly sensitive information that they would not want competitors, in the highly competitive market, to know. Finally the value of dam ages awarded in this case was not high against ILI. If this case is anything to go by the exemplary damages are arguably not sufficient to deter copying. Rather many copyists would see this as merely the cost of doing business. Copying of items in the fashion industry can also be protected by copyright law. The copyright law provisions are used when there is an artistic or craftsmanship appeal to the garment. Protection under this provision was brought before the courts in 2008 by Elwood a manufacturer of trendy youth clothes. Elwood alleged that Cotton On had violated its copyright for two computer generated drawings; the New Deal tshirt and the swing tags attached to these garments. They alleged that Cotton On had sold several hundred tshirts which were visually similar to the New Deal tshirts. Cotton On conceded that the only difference was the wording but otherwise they had copied the design drawings. The first question the court had to answer was whether the designs drawings were drawings and thus entitled to protection under the act (as artistic works). The key to answering this question was whether the wording was to be read as text or whether they were for pictorial purposes. The court found that th ey were a pictorial which was designed to bring recognition to the Elwood brand. Accordingly the design drawings were the subject of the Copyrights Act. After determining that the designs were copyright works, the judge had to determine whether they were original Elwood drawings. The judge found on the evidence that this was an original drawing as Elwood had spent several weeks and a lot of effort creating them and thus they satisfied the originality criteria. That being assessed the judge had to then work out whether what Cotton on had copied amounted to a substantial part. In his honours opinion Cotton On had copied only the shape and the form of the item and not the wording or symbols of the design and thus did not create a visual similarity with Elwoods design. His honour said that the degree of copying was in keeping with Cotton Ons theme, same but different. We see here that even through copyright law it is hard for the copyright holders to have protection for their designs. The problem of free riding occurs when larger companies like Elwood carry out research and spend both time and money creating the brand and fashion statement. The copyists then free ride on this and tweak the designs slightly so that they can get around the law and as such they benefit from the hard work and risk taking of other firms. The Design/Copyright Overlap Whereas copyright law must encompass an element of artistic craftsmanship (such as the digital designs of both the tshirt and the tag in the Elwood case) or used to protect one off designs such as individual garments or pieces of jewellery; garments which are commercially marketed need to be protected by the Designs Act. For many years governments have been trying hard to emphasise this distinction. Their rationale suggests that when it comes to the shape and appearance of designs the Designs Act is more appropriate and people wanting their items to be mass produced for commercial sales should register their designs. To give effect to this policy the government has included provisions in the copyright act to close the loopholes that existed in previous legislation. Some of the provisions intend that purely two dimensional designs will have dual protection under the copyright and designs act. The other main change is that people creating works of artistic craftsmanship can choose whet her or not to register the design (but registering will generally result in a loss of copyright). It follows that the design copyright overlap has been made clearer as a result of the amended designs act and changes to the Copyrights Act. This has been the governments attempt to make the laws clearer and friendlier to give designers a more protected environment in which to carry out their work. It can be seen however, that the cost of registering the designs as well as the cost of enforcement of the registered design (litigation and related costs) are high in comparison to the damages receivable especially if the original designer is hesitant to make too many figures known to the court. Further, especially for claims under the Copyrights Act, the burden of proof is very high. The courts have been very careful to interpret the word substantial and as was seen in the Elwood case, although the copyright was found in favour of Elwood the court held the outcome in favour of Cotton On because they said that the visual appearance was not substantially similar to the Elwood design. This decision begs the question as to whether items can be copied so long as the colour and wording has changed. Whilst this might be perfectly acceptable in other industries, judges fail to understand the uniqueness of fashion, where it is not the item itself that matters but the advertising, marketing and style promotion than creates the trend for the item. It is arguable then that when considering designs and copyright protection the court should look deeply into merely just the design or drawing and focus on the value of the design or drawing in creating the trend fashion. That said, it is difficult to assess where exactly the trend originated. Some argue that the trend originates with the celebrities in Hollywood and others argue that the trends originate from the catwalks of Europe. These claims are however disputable as there are new and emerging fashion design centres around the world especially in Australia where the seasons are opposite to those of the countries in the Northern hemisphere making it impractical to follow their trends. Thus the onus of proving who started a trend might eventually mean that there is no protection for any designer since all fast fashion designs are usually a variation of some trend or item. Reforms: The US lacks fashion copyright protection completely and this has given rise to an entire industry that copies and tweaks. Fashion industry specialists call this blatant piracy looking great for cheap. One fashion expert reports that a high street fashion brand like Forecer 21 copies and retails a $2000 dress for $80 and even shoes by the renowned designer Balenciaga worth over $600 dollars is copied and sold by Steve Madden for $60. The lack of adequate safeguards in the US as opposed to Australia is the cause of this. Experts say that the up and coming designers are those at the biggest risk because they can ill afford the legislation needed to fight back. The Australian law can perhaps take some ideas for reform from the amendments suggested by the US Copyrights office. The first as a part of several suggestions is that the protection time frame be reduced from 10 years to 3 years. This is because the haute couture fashion where items retail for several hundred dollars a piece will usually have lost their exclusivity or reached the end of their fashion peak well within the three years. Although designs change fast a reason for the longer period of three years is to also include classic fashion items like the Guy suit by Hugo Boss. Another reform that has been suggested that we might adopt in Australia is that registration must be completed and take place within three months from the date that it goes public. This means that once a design is registered the designer has upto three months to organise for the inspection to be carried out for the item. This gives the designer more flexibility to decide which designs are profitable and then decide which ones he wants to register thus saving on the costs of statutory fees and paperwork. Finally they suggest that there be a special fashion board set up to deal with the fashion industry where a group of experts independently asses the item such that they can better understand the subtleties of a new design as opposed to an old one and thus the granting of registration will be fairer. Along with this Ralph Brown suggests that in order to make the enforcing more affordable this board be also given the power to handle conflicts. He argues that this be the first instance board that reviews the complaints that designers have if they feel that their designs have been breached. This board should be entrusted with the power to make a non binding directive (after analysing the evidence) in favour of or against the claimant. He argues that because this board will be made up of fashion experts they will be in a better position to analyse the breaches. If Australia had a system like this, then the Elwood decision might not have been decided the way it was. This board would have b een able to realise the subtleties of the trend style which His Honour in that case failed to see. In other words they will interpret the law in the context of the industry and not on the black letter analysis of the law. He concedes that the court is the ultimate arbitrator and he argues that if one or both parties are not willing to settle based on the boards directive then they could appeal the decision to court. The rationale for this approach is that to save costs and reputation most firms will settle out of court. What is important in any reform is having a balance between protecting the designs of those whose spend time, skill and money developing the latest fashions against the interests of the masses who want to be in fashion and who are willing to buy the cheaper counterfeits. The recommendations mentioned above would definitely allow designers to make the most of protecting their designs and their investments. In keeping with the standard theory of intellectual property i t is likely to increase investment in the industry. The large fashion houses might be willing to come up with more designs, and varieties of designs because they feel that there is an inexpensive way of enforcing their intellectual property rights. At the same time younger designers will be willing to release more designs into the market because they feel that they are better protected and can enforce their intellectual property system in a way that is understandable and cost effective to them. On the other hand the method proposed above would benefit the high street fast fashion firms as a trained eye in the board is likely to be able to spot the difference between blatant copying and trends. Zara for example will be able to produce in the confidence that when they produce dresses a trained eye in the design board will be able to easily tell that theirs is not an imitation of an original dress but rather a variation in style but within the scope of trends. This is something that the judges find hard to understand because as Susan Scaffidi (one of the most prolific fashion law writers) put it it is hard to have a sixty seventy year old white man look at an item of chic ladies fashion and decide whether or not copyright has been breached. Another proposed reform is that the costs of applying for design can be reduced by the government. The UWA faculty of law expert has written that making the registration process cheaper might be possible by maintaining an online database of all the designs. He argues that if design registration is cheaper more designers are going to seek it and this will be better for the intellectual property regime. The bigger fashion houses also argue that their selling point is that their styles are unique and those who purchase from them pay so much because of the snob appeal of the item. They argue that with so much copying their unique designs become less unique and as such they have to keep designing more items to keep up the unique appeal. Alain Wertheimer , Chairman of Chanel when asked about this in an interview to the Newsweek said that because of the vast amount of copying going on in the industry people are willing to pay less and less for designer clothes as they see no snob appeal in them. She says that as a result the bigger fashion houses are finding it hard to survive and that her brand too has had to undergo diversification to survive. Donatella Versace arguing on the same point says that Versace has had to diversify into manufacturing lifestyle items and dinner sets too because of insufficient protection by the government. Raustiala and Sprigman, in their article the Piracy Paradox argue very strongly that a strong intellectual property regime will not change anything. They argue that people keep demanding the latest trends and as long as the demand is there the suppliers will continue to provide for it. They also argue that the market will not change by much because the masses will not be able to afford the original designs anyway. They rationalise this theory to a fixed amount that people are willing to pay for items even if they were Zeitegists. This is because after a point fashion becomes a luxury good and the demand is therefore inelastic. People, they argue, after a point are not willing to sacrifice necessities for luxury goods and will do one of two things, either do without it or be content with older collections. They further argue in direct rebuttal to the claims of Alain Wertheimer and Donatella Versace that as a result of the big fashion house designs being copied and reproduced people who demand the unique style that comes with these designer products will keep purchasing more and it is good for their business. Their rebuttal to this is found in their theory of induced obsolescence. They argue that because clothing is about perception the demand for the goods is because the highly fashionable people have them and to not have them means that one is unfashionable. They also argue that in line with the theory of the leisure class that once more people have it those who demand unique products will want something else for the snob appeal. They argue that this causes the cycle all over again. Thus we can see that as more items are copied this puts pressure on the fashion houses to produce newer and more distinctive items. As such they can produce more often and their profits increase. Logically , it then flows that copying whilst being a part of the business of the copyist firms is also beneficial to the large fashion houses because the elite will keep demanding newer styles and this increases their business. This is called induced obsolescence by copying. They further argue that by the masses flocking to buy the latest styles there is an automatic trend created and as such the large fashion houses benefit because those on the marginal income lines will tend to purchase the fashion house brands so that they can be a part of the trend. It is also arguable that because the trends are so short lived for most of the casual wear collections (an average style time for the Armani Tees is seven months) even if there are tougher intellectual property law few firms would go through the trouble of registering all but their most classic designs. Conclusion In this essay we have looked at the reasons for the existence of intellectual property generally. We have then identified the theories of fashion and seen how people demand in style products so the copyists employ designers not to make an exact replica of the item but to make an item similar such that the item is a part of the trend. We have then considered the law in Australia. We have looked at how the Designs Act and the Copyright Act play an important role in protecting the designs and drawings of the designers. We have identified that the courts have had a mixed approach to enforcing right under the act. We saw in the Review decision the impracticality of taking an action to Court under the Designs Act. We saw that this impracticality was because the claimant needs to submit highly sensitive figures for the courts to make a decision. Further, we saw that the Elwood decision in which it is probable that the judge misunderstood that what Elwood was doing was setting a trend for pr inted tees. We then argued that it is impossible for courts to find the difference between trends and styles and argued that perhaps we do not want them to rule against style. This paper also suggested possible reforms to the law and to the method in which the law should be administered. These reforms flow from our previous analysis of the method of administration of the law being impractical. It was proposed that the proposed methods would help the administration of the system as well as make a more streamlined an easier system for designers to enforce their rights. However, when we consider the theories of fashion as a whole and when we consider the article by Raustiala and Sprigman, we see that reform really isnt necessary. Reform will not dynamically change the face of the industry because most designers will not go through the trouble of registering their designs as the design life cycles are very short and the trouble taken to register designs is not worth their while. We also see that reform is not necessary because copying (otherwise referred to as trend setting) is helpful to the big fashion houses. It stimulates designs for their products and increases their sales. We started off by saying that the industry is worth $750 billion a year. There seems to be enough money to go around. Any changes which impose tighter control will only reduce the value of the industry and push many out of business.

Sports Leadership And Communication Physical Education Essay

Sports Leadership And Communication Physical Education Essay This research is based in Sports Leadership and communication. The specific area to be investigated is the question following: Different coaches will have different leadership and communication styles. How will you determine the most appropriate style for you to use? The Coaches leadership and communication style can affect the athletes psychology. Im investigating this area on my class paper because as a sports coach, I would like to know how to be a leader of my team and communicate with my athletes. Based on that problem statement, I have to answer the questions: What is Leadership? What is Communication? From these two basic questions, I should answer more focused questions. What is leadership and how is connected with psychology? What are the leadership traits? How communication skills can be use in sports psychology? How can you send and receive messages more effectively to athletes psychology? These questions are made into sections which can be: Definitions of leadership The Leadership traits Communication Send and receive messages Definition of leadership in Sports psychology Leadership might broadly be considered the behavioral process of influencing individuals and groups towards set goals. This definition is useful because it encompasses many dimensions or leadership. In sport and exercise, these dimensions include making decisions, motivating participants, giving feedback, establishing interpersonal relationships, and directing the group or team confidently. (Weinberg, 2007) A leader knows where the group or team is going and provides the direction and resources to help it get there. Coaches who are good leaders provide not only a vision of what to strive for but also the day-to-day structure, motivation, and support to translate vision into reality. Coaches, teachers, and exercise specialists are leaders who seek to provide each participant with maximum opportunities to achieve success. And successful leaders also try to ensure that individual success helps achieve team success. (Weinberg, 2007) Leadership is simply this: First its knowing how to chart a course, to give others direction by having a vision of what can be. A team without a leader is like a ship without a rudder. Second, leadership is developing the social and psychological environment-what business calls the corporate culture and Ill call team culture-to achieve the goals the leader has charted. This culture consists of selecting, motivating, rewarding, retaining, and unifying members of your team-players, assistants, everyone who helps your organization. Excellent coaches-leaders-give the team vision, and know how to translate this vision into reality. Coaches, in their leadership roles, seek to develop an environment whereby each and every athlete has the maximum opportunity to achieve success, and in so doing achieve team success. The coach is concerned not only with the physical environment, but the psychological and social environments as well. . (Martens, 1987) Leadership formally defined, is the action of an individual to influence others toward set goals. It is often confused with management. Management consists of planning, organizing, staffing and recruiting, scheduling, budgeting, and public relations. Leaders perform these functions, or delegate them to others, but they also do more. Leaders determine the direction for the future, and then marshal the resources within the organization to pursue that vision. Managers simply handle the routine, never questioning whether the routine should be done. This distinction is significant in sport, for too many teams are over managed and underled. (Martens, 1987) Leadership emphasizes interpersonal relationships and has direct impact on motivation, whereas management necessarily does not. Tom Peters and Nancy Austin write in A Passion for Excellence: Coaching is face-to-face leadership that pulls together people with diverse backgrounds, talents, experiences and interests, encourages them to step up to responsibility and continued achievement, and treats them as full-scale partners and contributors. Coaching is not about memorizing techniques or devising the perfect game plan. It is about really paying attention to people-really believing them, really caring about them, really involving them. (1985, p. 326) While reading through the massive literature on leadership, I gained two impressions. First, the leadership literature in psychology, including sport psychology, contains pounds of pulp and ounces of information. Never have so many said so much to tell us so little. And second, the essence of leadership, what sets it apart from other human processes, is ill conceived in psychology. (Weinberg, 2007) Leadership Style There are two leadership styles democratic and autocratic. As you might expect, the coach with a democratic style is typically athlete centered, cooperative, and relationship oriented. Conversely, the autocratic style is usually win oriented, tightly structured, and task oriented. A coach need not act entirely one way or the other. Coaches can effectively integrate and blend democratic and autocratic leadership styles. Different leadership behaviors are more optimal in various situations, as you have seen through the multidimensional model of sport leadership and LSS. The challenge is determining what style best suits the circumstances and whether individuals and flexible enough to adapt their dominant style to a particular leadership situation. The appropriate coaching style depends most on situational factors and member characteristics. (Weinberg, 2007) One aspect of style that has been researched is how decisions are made by coaches. In fact, coaching effectiveness largely depends on making good decisions and the degree to which those decisions are accepted by athletes. Chelladurai and others have developed a model of decision making that applies in sport. Five primary styles of decision making are used in sport: Autocratic style. The coach solves the problem herself using the information available at the time. Autocratic-consultative style. The coach obtains the necessary information from relevant players and then comes to a decision. Consultative-individual style. The coach consults the players individually and then makes a decision. The decision may or may not reflect the players input. Consultative-group style. The coach consults the players as a group and then makes a decision. The decision may or may not reflect the players input. Group style. The coach shares the problem with the players; then the players jointly make the decision without any influence from the coach. (Weinberg, 2007) To the above figure we can see the different types of coaching leadership style: (Martens,1987) Section II Trait Approach In the 1920s, researchers tried to determine what characteristics or personality traits were common to great leaders in business and industry. They considered leadership traits to be relatively stable personality dispositions, such as intelligence, assertiveness, independence, and self-confidence. Proponents of the trait theory argued that successful leaders have certain personality characteristics that make it likely they will be leaders no matter what situation they are in. This would mean, for example, that Michael Jordan would be a great leader not only on the basketball court but also in other areas of life such as business and community affairs (or as part owner of the Washington Wizards). Or that Winston Churchill, Gandhi, or Martin Luther King, Jr., would have similar personality characteristics that helped make them effective leaders. (Weinberg, 2007) The trait approach lost favor after World War à Ã‹Å", when Stogdill reviewed more than 100 trait theory studies of leadership and found only a couple of consistent personality traits. Although certain traits might be helpful for a leader to have, they are certainly not essential for successful leadership. Because common leadership traits among coaches, exercise leaders, and performers have not been found, little sport research today uses the trait approach to leadership theory. Leaders have a variety of personality traits. There are no specific traits that make a leader successful. (Weinberg, 2007) Interactional Approach Trait and behavioral approaches emphasize personal factors at the expense of considering the interaction between people and their situational constraints. Many researches in industry and general psychology have proposed interactional models of leadership. These interactional theories have important implications for effective leadership in sport and exercise settings. As we have seen, no one set of characteristics ensures successful leadership. Investigators believe that great leaders have had in common personality traits appropriate to leadership role and distinct from nonleadership roles. However, leaders have not been predicted solely by their personality traits. Effective leadership styles or behaviors fit the specific situation. Coaches have been fired from team positions, for example, when administrators thought they werent providing effective leadership, only to be hired by another team where they were immediately successful. These coaches probably did not suddenly change their leadership styles or the way they coached-rather, their leadership styles and behavior fit better in the new settings. Leadership styles can be changed. If you hear someone say, Some people just have what it takes, dont believe it. In fact, coaches and other leaders can alter their styles and behaviors to match the demands of a situation. Two examples of leadership styles are presented as well as how they might change to fit a situation. For example, relationship-oriented leaders develop interpersonal relationships, keep open lines of communications, maintain positive social interactions, and ensure that everyone is involved and feeling good (their style is analogous to the consideration function described earlier). On the other hand, task-oriented leaders primarily work to get the task done and meet their objectives (their style is analogous to the initiating structure function described earlier). A relationship-oriented leader focuses on developing and maintaining good interpersonal relationships; a task-oriented leader focuses on setting goals and getting the job done. People can change from a relationship-oriented style to a task-oriented style and vice versa, depending on the situation. According to Fiedlers research as he developed his contingency model of leadership, the effectiveness of leadership depends equally on the leaders style of interacting with the group and on the situation. Specifically, Fiedler argued that a task-oriented leader is more effective in either very favorable or unfavorable situations; a relationship-oriented leader is more effective in moderately favorable situations. A physical education teacher in an inner-city school that lacks facilities, leadership, and community support might have to be seen as very unfavorable. Getting things done and setting goals would override developing positive interpersonal relations. In contrast, a physical education teacher in a lower-middle-class school where the facilities are poor but the community support is good (moderately favorable situation) might be more effective as a relations hip-oriented leader. Thus, sport and exercise professionals need to be flexible in leadership styles, tailoring them to meet the demands of situation. If a coach feels more comfortable with one type of leadership style than another, she should seek out situations in which this style would be more effective. Highly skilled players are typically already task oriented, and coaches who have a more relationship-oriented style appear to be more effective with these players. Conversely, less skilled players need more continuous instruction and feedback, and a task-oriented coach would be more appropriate for them. This does not mean than less skilled individuals do not need or want a caring, empathic coach or that more highly skilled participants do not need specific feedback and instruction. It is a matter of what should be emphasized. The effectiveness of an individuals leadership style stems from matching the style to the situation. (Weinberg, 2007) In Finding a Way to Win, Bill Parcells, successful football coach what he believes to be the keys to successful leadership: Integrity. A leaders philosophy must have a sound structure, must be rooted in the leaders basic values, must be communicated and accepted throughout the organization, must be resistant to outside pressure, and must remain in place long enough to allow for success. Flexibility. Traditions are made to be broken. If youre doing something just because its always been done that the way, then you may be missing an opportunity to do better. Loyalty. The first task of leadership is to promote and enforce collective loyalty, also known as teamwork. Confidence. If you want to build confidence in your players and coaching staff, give them responsibility and decision-making capabilities and support them in their attempts. Accountability. Accountability starts at the top. You cant build an accountable organization without leaders who take full responsibility. Candor. When sending a message, its not enough to be honest and accurate. The impact of the message will hinge on whos receiving it-and what the recipients are willing to take in at that time. Preparedness. Well-prepared leaders plan ahead for all contingencies, including the ones they consider unlikely or distasteful. Resourcefulness. At its most basic level, resourcefulness is simply resilience, a refusal to quit or give in even when all seems bleak. Self-discipline. There is always a way to compete, even against superior forces, but strict adherence to a calculated plan is required. Patience. Patience is rarest-and most valuable-when an organization is performing poorly. Its not enough to know what changes must be made; its equally important to decide when to make them. (Weinberg, 2007) Section III: Communication The relationship that exists between a coach and an athlete has been extensively researched, and can be both extreme and powerful (panel). A coach has tremendous influence on the physical and psychological development of their athletes. Sophia Jowett has defined a positive coach-athlete relationship as a state reached when coaches and athletes closeness (eg, interpersonal feelings of trust, respect, and appreciation), commitment (eg, interpersonal thoughts and intentions that aim to maintain the relationship over time), and complementarity (ie, interpersonal behaviours of cooperation, such as responsiveness, easiness, and friendliness) are mutually and causally interconnected. The main responsibility of the coach is to enable their athletes to attain levels of performance not otherwise achievable. Coaches therefore need to motivate athletes and establish the right conditions for learning. Effective coaches have many skills. They should, for instance, be good communicators and have a working knowledge of the learning processes, and of the teaching methods, training principles, and assessment procedures associated with their sport. (Sandra E Short, Martin W, 2005) These skills enable a coach to fulfil five defined roles-those of teacher, organiser, competitor, learner, and friend and mentor. 1. Teacher: This role is the most immediately recognisable function of a coach. Quality training or practising provide opportunities for coaches to display their knowledge and skills to help prepare athletes for competition. Training involves the provision of tuition about physical, tactical, technical, and mental aspects of the sport. Although some coaches also teach their athletes psychological skills (such as mental imagery or relaxation techniques) to help them learn and perform new skills, and effective strategies to improve their self confidence and regulate arousal and anxiety levels, many hire psychologists to work with their teams on these aspects of mental training. 2. Organiser: Typically the least enjoyable or rewarding part of being a coach involves the work that is done behind the scenes-the organisation of practices and competitions, and the scheduling, planning, and transportation of athletes-that makes for a successful season. Organisation, however, helps a coach to prepare for training and for competition, and is a crucial variable for success in all sports. A coach must have an explicit plan or vision, especially in team sports. It is vital for a coach to begin every season by outlining the steps necessary to achieve success. Related to the role of the coach as an organiser is the recognition that they often have to work within certain constraints. There are issues specific to places and contextual factors like scholarship allotment and budgets that can affect a coachs win-loss record. 3. Competitor: Throughout the day of competition, the coach must attend to various tasks. These tasks differ from sport to sport. Coaches of teams play a more active part in competitions than do coaches who work in individual sports; having to make athlete substitutions, call time-outs, and interact with officials. Individual sport coaches are often passive observers during competitions. Coaches in team sports also tend to be more emotional than those in individual sports, in that they are more likely to experience the same emotions as many of their athletes. This emotional response, coupled with perceptions of how the team played and the outcome of the contest, interact to affect the content and focus of the post-competition meeting with athletes. 4. Learner: A coach should be continually learning about their sport and improving their abilities as a trainer. 5. Friend and mentor: Coaches have the opportunity to develop strong relationships with their athletes and to take on the role of friend and mentor. This process involves being a positive role model, discussing problems, sharing successes, offering support when needed, and even providing counselling when necessary. This aspect of coaching can have a strong positive or negative effect on the athlete and affects their feelings of satisfaction with the coach-athlete relationship. An important research finding is that successful coaches seek to improve athletes lives both inside and outside of sport. Results of research into the characteristics of coaches indicate that there are some differences between those who work in individual sports and those who work in team sports. The same is true for athletes. Irrespective of the type of sport, however, both parties view the structure and function of the coach-athlete relationship in the same way. It is noteworthy, though, that athletes in individual sports often feel closer and more committed to their coaches than do team players. What seems to be more important than the individual sport versus team sport distinction is the expectation that a coach has for their athletes. The expectancy theory, or the self-fulfilling prophecy, describes the situation in which coaches perceptions of their athletes affect their behaviour towards them, consequently encouraging actions from the athletes that are consistent with the initial judgment. In sport, the expectancy model comprises four stages. First, coaches form expectations of their athletes bas ed on the athletes personal cues-eg, physical appearance, ethnic origin, and sex-and performance information-eg, practice behaviour, past performances, and skill tests. Second, the expectations made by the coaches affect their behaviour towards the athletes with respect to the frequency and quality of interactions, quality and quantity of instruction, and type and frequency of feedback. Third, over time, the coaches behaviour affects the athletes performances by causing lowexpectancy athletes to perform to poor standard because they have received less reinforcement and playing time, have less confidence, and believe their ability is limited, compared with high-expectancy performers, who typically excel. The cycle is complete when the athletes performance confirms the coachs expectancy. If a coach is wrong, a gifted athlete might never achieve his or her potential. Coaching is an art as well as a science. A coach has to assimilate a vast amount of information and scientific data about their sport, and translate it into practical coaching and training programmes. The success or failure of this process relies heavily on the coachs experience, availability of resources, knowledge of the event or sport, and their relationship with the athletes that they are coaching. By understanding the scientific principles that surround their sport, a well designed training programme can be developed that will help an athlete reach their full potential. The art of coaching is in the understanding and application of the science. (Sandra E Short, Martin W,2005) Sending and receiving messages These are guidelines for sending effective verbal and nonverbal messages (Martens, 1987b): 1. Be direct. People who avoid straightforward communicating assume that others know what they want or feel. Rather than expressing their message directly, they hint at what they have in mind-or they tell a third person, hoping the message will get to the intended recipient indirectly. 2. Own your message. Use I and my not we or the team, when referencing your messages. You disown your messages when you say, The team feels or Most people think you are.. . What youre saying is what you believe, and using others to bolster what you have to say implies cowardice in expressing your own megs.. 3. Be complete and specific. Provide the person to whom you are speaking with all the information he needs to fully understand your message. 4. Be clear and consistent. Avoid double messages. I really want to play you, Mary, but I dont think this is a good game for you. I think youre a fine athlete, but youll just have to be patient. This is an example of a double message-acceptance and rejection-and it probably leave Mary confused and hurt. Double messages send contradictory meanings, and usually the person sending them is afraid to be direct. 5. State your needs and feelings clearly. Because our society frowns on those who wear their emotions on their sleeves, we tend not to reveal our feelings and needs to others. Yet to develop close relationships, you must share your feelings. 6. Separate fact from opinion. State what you see, hear, and know, and then clearly identify any opinions or conclusions you have about these facts. You say to your son when he returns home late one night, I see youve been out with the Williamson kid again. In the context in which you say it, your son will receive the message but not be certain of what exactly your concern is about the Williamson boy. A better way to send this message would be to say, That was the Williamson kid, wasnt it? (verifying a fact) and then, Im concerned that you spend time with him. Im afraid hell get you into trouble (stating your opinion). Although your son may not be pleased with your opinion, at least hell understand it. 7. Focus on one thing at a time. Have you ever begun discussing how to execute a particular skill and abruptly switched to complaining about how the team hasnt been practicing well? Organize your thoughts before speaking. 8. Deliver messages immediately. When you observe something that upsets you or that needs to be changed, dont delay sending a message. Sometimes holding back can result in your exploding later about a little thing. Responding immediately also makes for more effective feedback than a delayed response. 9. Make sure your message does not contain a hidden agenda, which means that the stated purpose of the message is not the same as the real purpose. To determine if your message contains a hidden agenda, ask yourself these two questions: Why am I saying this to this person? Do I really want the person to hear this, or is something else involved? 10. Be supportive. If you want another person to listen to your messages, dont deliver them with threats, sarcasm, negative comparisons, or judgments. Eventually the person will avoid communicating with you or simply tune you out whenever you speak. 11. Be consistent with your nonverbal messages. Perhaps you tell a player it is okay to make an error, but your body gestures and facial expressions contradict your words. Conflicting messages confuse people and hinder future communication. 12. Reinforce with repetition. Repeat key points to reinforce what you are saying. However, dont repeat too often, because this causes the other person to stop listening. You can also reinforce messages by using additional channels of communication-show a picture or video along with explaining a skill, for example. 13. Make your message appropriate to the receivers frame of reference. Messages can be much better understood if you tailor them to the experiences of the person with whom you are communicating. It is inappropriate, for example, to use complex language when speaking to young athletes. They do not have the vocabulary to understand what youre saying. 14. Look for feedback that your message was accurately interpreted. Watch for verbal and nonverbal signals that the person to whom you are speaking is receiving the message you intended. If no signal is given, ask questions to solicit the feedback: Do you understand what I am telling you, Susan? or Are you clear about what you should do? Athletes and Coaches behaviour has the most important role in their communication to the follow article we see some studies about players and coaches behaviour. Relevance of several factors to players aggressive behavior has been extensively studied. Sport-related factors were studied in the framework of context-personality (Isberg, 1985, 1986, 1989) or context-gender (Rainey, 1986; Kemler, 1988; Bond Nideffer, 1992) relationship. Teams moral atmosphere, team norms regulating aggressive acts, and players perception of these norms are mentioned to be important in this circumstance (Stephens Bredemeier, 1996). Difficulty of the task (McGowan Schultz, 1989) and use of anabolic steroids (Lefavi, Reeve, Newland, 1990) also appear to be relevant to aggression in sport. The relevance of communicating factors was also studied (Hanin, 1980) and practically discussed (Hanin, 1992). Coach-related factors are also of importance in this context. Coaching includes decision-making processes, motivational techniques, giving feedback, establishing interpersonal relationships and directing the team confidently. Good coaches provide not only a vision of what to strive for, but also the day-to-day structure, motivation, and support to translate vision into reality. Because of the importance of coaches behaviors and its possible relation to players behaviors, it seems that our understanding about the significance of this relationship needs improvement. Having studied coaches behaviors extensively, some investigators tried to categorize coaching behaviors. Tharp and Gallimore (1976) after studying the behavior of the most successful NBA coach emphasized the importance of instruction and demonstration behaviors and their significant effects on players success. At the same time, sport specific questionnaires were also developed. Danielson, Zelhart, and Drake (1975), revised the Leadership Behavior Description Questionnaire to classify coaching behaviors into eight categories. On the other hand, researchers trying to develop guidelines for training coaches (Smith, Smoll, Hunt, 1977; Smoll, Smith, Curtis, Hunt, 1978) needed a proper tool to observe and classify coaches behaviors; therefore, the Coaching Behavior Assessment System (CBAS) was developed for coding and analyzing the behaviors of coaches in natural field settings (Smoll Smith, 1984). This system which was applied in the present study, divides coaches behavior into twelve categories as follows: Reinforcement Nonreinforcement Mistake-contingent encouragement Mistake-contingent technical instruction Punishment Punitive technical instruction Ignoring mistakes Keeping control General technical instruction General encouragement Organization and General communication According to Smoll and Smith (1984), distributions in the CBAS categories indicated that nearly two-thirds of coaches behaviors were found to be positive, falling into the categories of: a) positive einforcement, b) general technical instruction, and c) general encouragement. Players who played for coaches, who frequently used encouragement, instructions, and reinforcement, demonstrated greater self-esteem at the end of season. They rated their teammates and their sport more positively. According to Weinberg and Gould (1995) these players reported that: they liked their teammates more, felt their coaches were knowledgeable, rated their coaches better as teachers, had a greater desire to play again the next year, and had higher levels of enjoyment comparing to other young players (p. 208). Having considered the association between coaches and players behaviors (Tharp Gallimore, 1976; Danielson, Zelhart, Drake; 1975), one may consider that some players unwanted or negative actions may also be related to coaches behaviors. Aggressive behaviors are among the most problematic behaviors in sport setting and reported to be somehow related to coaching behaviors. Isberg (1985) reported that coaches encouraged players to commit aggressive acts to win the game; such acts were often rewarded by coaches and teammates. Stephens and Light-Bredemeier (1996) observed that the power of context in elite level of competition, forced young soccer players to act aggressively even if they had different orientation. Special stress on relating players aggressions to coaches behaviors would be explained by Social Leaming Theory (Bandura, 1973), which emphasizes the important role that significant others have on the development or control of aggression (Smith, 1988). Therefore, the main objec tive of the present study was to investigate the reality and the amount of possible correlations among coaches behaviors and players aggressive acts in natural field settings. (S. M. VaezMousavi, M. Shojaei, 2005) Conclusion Leadership is the process that one individual set some goals and is trying to support them and accomplish them with the help of others. A Leader is a person who rules others and he is trying to guide and inspire them. As a Coach you have to have the strength to lead your players or athletes. There are different types of coach-leaders but is good to borrow from other coaching-leaders if you want to improve your coaching and leadership skills. The most important traits of a leader are honesty, integrity, to be a good person and to be positive. Exhibiting these traits will decrease your leadership. A coach influences the physical and psychological development of his athletes. Some important roles of a coach are teacher, organizer, competitor, leader, friend and mentor. The characteristics of a coach are different depending on who he is coaching. When he is sending some messages he must be direct, complet